QUESTION
Do I have any legal way to have a Dr who to me seems negligent in what he did, to be liable for the cost to repair his damage?
Asked on Aug 08th, 2012 on Medical Malpractice - California
More details to this question:
I went to a GP Dr. for a routine medical exam. During that exam I mentioned a tumor on my back that had been there for a few years. Dr. said it was a Lipoma, and he could remove it in his office. The "surgery" was nightmarish, in that it was obvious midway through the procedure the Dr was in over his head. The wound grew into a very large Hematoma, and the Dr sent me to a real surgeon to deal with it. The scar is over five inches long. Now, months later, I''m having pain and discomfort at the scar sight. I want to have it dealt with to see what is wrong, but can''t afford to spend more money to fix something that is fairly obviously a botched procedure to begin with. I already had to pay for the surgeon he sent me to, along with the Dr''s original bill.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It is not clear that you have a medical malpractice case. It is possible that you would have had the same result even if you were sent to a qualified surgeon at the outset. If you do have a case, there will be a question about whether it is financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable.
If you want to investigate a claim further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Aug 08th, 2012 at 10:03 AM